Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11368 of 2019 Petitioner :- Nadeem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Meraj Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 15.3.2019 registered as Case Crime No.205 of 2019, under Sections 363,376 IPC and Section 3/4 Dowry Prohibition Act, P.S. Civil Lines, District Moradabad.
Learned counsel for the petitioner has submitted that the impugned first information report was lodged by the respondent no.3 that her minor daughter was abducted by unknown person and despite hectic efforts she could not be traced out. The prosecutrix in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case, as such no prima facie offence is made out against the petitioner. According to her medical examination, she is major and has also performed marriage with the petitioner. The petitioner has falsely been prosecuted in the present case merely on account of personal grudge and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 30.4.2019 M. Tariq